Government of Cornwall Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Government of Cornwall Bill

Government of Cornwall Bill
Part 2 — Cornish Assembly Government
15

(4)
Any act or omission of, or in relation to, the First Minister or any of the Cornish
Ministers appointed under section 25 is to be treated as an act or omission of,
or in relation to, each of them.
(5)
But subsection (4) does not apply in relation to the exercise of functions
conferred or imposed on the First Minister alone.
5
30
Transfer of Ministerial functions
(1)
Her Majesty may by Order in Council—
(a)
provide for the transfer to the Cornish Ministers or the First Minister
of any function so far as exercisable by a Minister of the Crown in
relation to Cornwall,
10
(b)
direct that any function so far as so exercisable is to be exercisable by
the Cornish Ministers or the First Minister concurrently with the
Minister of the Crown, or
(c)
direct that any function so far as exercisable by a Minister of the Crown
in relation to Cornwall is to be exercisable by the Minister of the Crown
15
only with the agreement of, or after consultation with, the Cornish
Ministers or the First Minister.
(2)
An Order in Council under this section may, in particular, provide for any
function exercisable by the Cornish Ministers or the First Minister by virtue of
an Order in Council under subsection (1)(a) or (b) to be exercisable either
20
generally or in such circumstances as may be specified in the Order in Council,
concurrently with any other of the Cornish Ministers or the First Minister.
(3)
An Order in Council under this section may make such modifications of—
(a)
any enactment (including any enactment comprised in or made under
this Act) or prerogative instrument, or
25
(b)
any other instrument or document,

as Her Majesty considers appropriate in connection with the provision made
by the Order in Council.
(4)
No recommendation is to be made to Her Majesty in Council to make an Order
in Council under this section unless a draft of the statutory instrument
30
containing the Order in Council—
(a)
has been laid before, and approved by a resolution of, each House of
Parliament, and
(b)
has been approved by the Cornish Ministers.
31
Promotion etc of well-being
35
(1)
The Cornish Ministers may do anything which they consider appropriate to
achieve the promotion or improvement of the economic, social and
environmental well-being of Cornwall.
(2)
The power under subsection (1) may be exercised in relation to or for the
benefit of—
40
(a)
the whole or any part of Cornwall, or
(b)
all or any persons resident or present in Cornwall.
(3)
The power under subsection (1) includes power—
(a)
to enter into arrangements or agreements with any person,

Government of Cornwall Bill
Part 2 — Cornish Assembly Government
16

(b)
to co-operate with, or facilitate or co-ordinate the activities of, any
person,
(c)
to exercise on behalf of any person any functions of that person, and
(d)
to provide staff, goods, services or accommodation to any person.
32
Support of Cornish language
5
(1)
In relation to the support of the Cornish language, Cornish Ministers must—
(a)
adopt a scheme setting out how they propose to promote and facilitate
the use of the Cornish language, and
(b)
so far it is reasonably practicable, adhere to the principle that in the
conduct of public business in Cornwall the English and Cornish
10
languages should be treated on a basis of equality.
33
Representations about matters affecting Cornwall
The Cornish Ministers and the First Minister may make appropriate
representations about any matter affecting Cornwall.
Functions: supplementary
15
34
Agency arrangements and provision of services
(1)
Arrangements may be made between the Cornish Ministers and any relevant
authority for—
(a)
any functions of one of them to be exercised by the other,
(b)
any functions of the Cornish Ministers to be exercised by members of
20
staff of the relevant authority,
(c)
any functions of the relevant authority to be exercised by members of
the staff of the Cornish Assembly Government, and
(d)
the provision of administrative, professional or technical services by
one of them for the other.
25
(2)
Any arrangements under paragraphs (a), (b) or (c) of subsection (1) for the
exercise of functions of the Cornish Ministers do not affect the responsibility of
the Cornish Ministers; and such arrangements for the exercise of any functions
of a relevant authority do not affect the responsibility of the relevant authority.
(3)
The references in subsections (1) and (2) to functions do not include functions
30
of making, confirming or approving subordinate legislation contained in a
statutory instrument.
(4)
In this section and section 35 “relevant authority” means any Minister of the
Crown or government department, any public authority (including any local
authority) in England and Cornwall or the holder of any public office in
35
England and Cornwall.

Government of Cornwall Bill
Part 4 — Finance
17

Part 3
Assembly measures
Power
35
Transfer of functions
(1)
On the coming into force of this Act there shall be transferred to the Cornish
5
Assembly all the functions of Cornwall Council.
(2)
Arrangements for the transfer of powers shall be made with consultation
with—
(a)
Cornwall Council,
(b)
any relevant authority.
10
(3)
Subject to the provisions of this Part, an Act of the Assembly may make any
provision that could be made by an Act of Parliament.
(4)
A provision of an Act of the Assembly is within the Assembly’s legislative
competence if it relates to one or more of the subjects listed in Schedule 2.
36
Acts of the Cornish Assembly
15
(1)
The Assembly may make laws, to be known as Acts of the Cornish Assembly.
(2)
Proposed Acts of the Cornish Assembly shall be known as Bills; and a Bill shall
become an Act of the Cornish Assembly when it has been passed by the
Assembly and has received Royal Assent.
(3)
The validity of an Act of the Cornish Assembly is not affected by any invalidity
20
in the Assembly proceedings leading to its enactment.
(4)
This section does not affect the power of the Parliament of the United Kingdom
to make laws affecting or relating to Cornwall.
37
Scrutiny of Bills before introduction
(1)
The Presiding Officer shall, on or before the introduction of a Bill in the
25
Assembly, decide whether or not in his view the provisions of the Bill would
be within the legislative competence of the Assembly and state his decision.
(2)
The form of any statement, and the manner in which it is to be made, shall be
determined under standing orders, and standing orders may provide for any
statement to be published.
30
Part 4
Finance
Funding
38
Cornish Consolidated Fund
(1)
There is to be a Cornish Consolidated Fund.
35

Government of Cornwall Bill
Part 5 — Final provisions
18

(2)
The Secretary of State shall from time to time make payments into the Fund out of
money provided by Parliament of such amounts as the Secretary of State may
determine.
(3)
The Assembly must ensure that information concerning the Cornish
Consolidated Fund is published for each financial year (and may, in particular,
5
do so by requiring it to be published by the Assembly Commission).
Part 5
Final provisions
39
Regulations and transitional provisions etc
(1)
Regulations may make such provision as the Secretary of State considers
10
necessary or expedient for transitory or transitional purposes in connection
with the coming into force of any provision of this Act.
(2)
Regulations and orders made under this Act shall be made by statutory
instrument.
(3)
No statutory instrument under this Act shall be made unless a draft has been
15
laid before and approved by a resolution of each House of Parliament.
40
Expenses
There shall be paid out of money provided by Parliament—
(a)
any expenditure incurred under or by virtue of this Act by the Secretary of
State, and
20
(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
41
Short title and commencement
(1)
This Act may be cited as the Government of Cornwall Act 2009.
(2)
This Act comes into force 12 months after the date on which it is passed.
25